(PC) Freeman v. Clark et al
| Leroy Freeman |
| Celia Bell, Ken Clark, Conall McCabe, Khin Aye, Annette Williams, Catherine Nacar, Shawn Autrey and Cony Bencito |
| 1:2021cv00611 |
| April 12, 2021 |
| US District Court for the Eastern District of California |
| Christopher D Baker |
| Jennifer L Thurston |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 43
SCHEDULING ORDER signed by Magistrate Judge Christopher D. Baker on 12/14/2022. Discovery Deadlines: Initial Disclosures: January 11, 2023; Non-Expert: October 1, 2023; Expert: February 1, 2024; Mid-Discovery Status Conf.: June 20, 2023; Non-Dispositive Motion Deadlines: Filing: November 15, 2023; Hearing: December 20, 2023; Dispositive Motion Deadlines: Filing: December 15, 2023; Hearing: February 1, 2024; Status Conference set for 6/20/2023 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker; Pretrial Conference set for 4/8/2024 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston; Jury Trial set for 6/11/2024 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Flores, E)
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Filing 42
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Christopher D. Baker: SCHEDULING CONFERENCE held on 12/14/2022. Case scheduled. Court to issue Scheduling Order. Plaintiffs Counsel Greg Garrotto present via video. Defendants Counsel Gigi Knudtson present via video. Court Reporter: off the record. (Hall, S)
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Filing 41
JOINT SCHEDULING REPORT by Leroy Freeman. (Garrotto, Greg)
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Filing 40
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 11/8/2022: Upon agreement of the parties, a Scheduling Conference is set for 12/14/2022 at 10:00 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. Consistent with the Court's order of 4/13/2021 (Doc. #4 ), the parties are reminded to file a joint scheduling report at least one week prior to the scheduling conference. (Hall, S)
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Filing 39
ORDER ADOPTING #35 Findings and Recommendations; ORDER GRANTING #20 Motion to Dismiss ; ORDER DIRECTING Clerk to terminate Defendants: Clark and Bell on the Court's Docket; ORDERED that this case be referred to the assigned Magistrate Judge for further proceedings, signed by District Judge Jennifer L. Thurston on 11/7/2022. ( Celia Bell (in her official capacity as Health Care CEO at California State Prison-Corcoran) and Ken Clark (in his official capacity as Warden at California State Prison-Corcoran) terminated)(Martin-Gill, S)
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Filing 38
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Lawrence, A)
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Filing 37
ORDER overruling Plaintiff's Objections to Order and Request for Reconsideration #36 signed by District Judge Jennifer L. Thurston on 9/26/2022. (Lundstrom, T)
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Filing 36
MOTION for RECONSIDERATION re #35 Findings and Recommendations (Motion), by Leroy Freeman. (Garrotto, Greg)
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Filing 35
FINDINGS and RECOMMENDATIONS Recommending that Defendants Clark and Bell's #20 Motion to Dismiss be Granted signed by Magistrate Judge Erica P. Grosjean on 09/22/2022. Referred to Judge Thurston; Objections to F&R due within Fourteen-Days. (Flores, E)
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Filing 34
CLERK'S NOTICE : Attn: Gigi Knudtson as to #33 , all updates to account need to made through PACER.GOV. (Martin-Gill, S)
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Filing 33
NOTICE of CHANGE of ADDRESS by Gigi M Knudtson. Attorney Knudtson, Gigi M added. (Knudtson, Gigi)
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Filing 32
ANSWER with Jury Demand by Shawn Autrey, Khin Aye, Cony Bencito, Conall McCabe, Catherine Nacar, Annette Williams. Attorney Longyear, Dayton Van Vranken added.(Longyear, Dayton)
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Filing 31
MINUTE ORDER, signed by Magistrate Judge Erica P. Grosjean on 1/21/2022: In light of the pending Motion to Dismiss, the Scheduling Conference set for 2/7/2022 is VACATED. Within ten days after the issuance of the ruling on the Motion to Dismiss, should the matter go forward, the parties are directed to contact Courtroom Deputy Susan Hall (shall@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Hall, S)
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Filing 30
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. Documents filed in this case shall continue to include the temporary magistrate judge initials *(EPG)* until such time as a new Bakersfield magistrate is appointed. (Rivera, O)
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Filing 29
NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Erica P. Grosjean* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(EPG)* (Lundstrom, T)
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Filing 28
NOTICE of CHANGE of ADDRESS by Greg Wegner Garrotto. (Garrotto, Greg)
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Filing 27
REPLY by Celia Bell, Ken Clark re #26 Opposition to Motion. Attorney Cahill, Nicole Marie added. (Cahill, Nicole)
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Filing 26
OPPOSITION by Leroy Freeman to #20 Motion to Dismiss,. (Garrotto, Greg)
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Filing 25
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Sant Agata, S)
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Filing 24
ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Jennifer L. Thurston on 10/26/2021: Dayton Van Vranken Longyear for Ken Clark in place of attorney Joseph R. Wheeler.(Flores, E)
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Filing 23
ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Jennifer L. Thurston on 10/26/2021: Dayton Van Vranken Longyear for Celia Bell in place of attorney Joseph R. Wheeler.(Flores, E)
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Filing 22
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Celia Bell. (Longyear, Dayton)
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Filing 21
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Ken Clark. (Longyear, Dayton)
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Filing 20
MOTION to DISMISS by Celia Bell, Ken Clark. Motion Hearing set for 11/23/2021 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Attachments: #1 Memorandum of Points and Authorities in Support of Defs Clark & Bell's MTD Plaintiff's FAC, #2 Proof of Service)(Wheeler, Joseph)
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Filing 19
ORDER GRANTING #18 Stipulation to Vacate and Reset Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 10/15/2021. Scheduling Conference CONTINUED to 2/7/2022 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 18
STIPULATION and PROPOSED ORDER for To Vacate and Reset Scheduling Conference re #10 Stipulation and Order,, Set/Reset Deadlines and Hearings, by Celia Bell, Ken Clark. (Wheeler, Joseph)
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Filing 17
SUMMONS ISSUED as to *Shawn Autrey, Khin Aye, Cony Bencito, Conall McCabe, Catherine Nacar, Annette Williams* with answer to complaint due within *21* days. Attorney *Greg Wegner Garrotto* *Law Offices of Greg W. Garrotto* *1925 Century Park E, Suite 2000* *Los Angeles, CA 90067-2500*. (Marrujo, C)
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Filing 16
FIRST AMENDED COMPLAINT against All Defendants by Leroy Freeman.(Garrotto, Greg)
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Filing 15
ORDER ADOPTING #14 Findings and Recommendations and ORDER GRANTING #7 Defendants' Motion to Dismiss signed by District Judge Dale A. Drozd on 9/21/2021. Amended Complaint due within thirty (30) days. (Jessen, A)
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Filing 14
ORDER VACATING the Hearing Date of July 21, 2021; FINDINGS and RECOMMENDATIONS recommending that #7 Defendant's Motion to Dismiss be Granted re #1 Complaint signed by Magistrate Judge Jennifer L. Thurston on 7/19/2021. Referred to Unassigned DJ. Objections to F&R due within fourteen (14) days. (Jessen, A)
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Filing 13
REPLY by Celia Bell, Ken Clark re #12 Opposition to Motion. (Wheeler, Joseph)
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Filing 12
OPPOSITION by Leroy Freeman to #7 Motion to Dismiss. (Garrotto, Greg)
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Filing 11
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Wheeler, Joseph)
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Filing 10
STIPULATION and ORDER #9 to Reset the Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/23/2021. Scheduling Conference CONTINUED to 10/25/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 9
STIPULATION and PROPOSED ORDER for Resetting Scheduling Conference by Celia Bell, Ken Clark. (Wheeler, Joseph)
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Filing 8
MINUTE ORDER: (Text Only Entry) The recently-filed motion to dismiss #7 is referred to the assigned magistrate judge for the preparation of findings and recommendations. Minute order signed by District Judge Dale A. Drozd on 6/22/2021. (Gonzales, V)
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Filing 7
MOTION to DISMISS by Celia Bell, Ken Clark. Motion Hearing set for 7/21/2021 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Attachments: #1 Points and Authorities, #2 Proof of Service)(Wheeler, Joseph)
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Filing 6
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph R. Wheeler for Celia Bell,Joseph R. Wheeler for Ken Clark, attorney Joanna Breiden Hood terminated (Wheeler, Joseph)
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Filing 5
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Celia Bell on 4/13/2021, Answer due 6/14/2021; Ken Clark on 4/13/2021, Answer due 6/14/2021. Attorney Hood, Joanna Breiden added as counsel of record. (Hood, Joanna)
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Filing 4
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 7/12/2021 at 08:30 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Consent Form, #5 VDRP) (Maldonado, C)
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Filing 3
SUMMONS ISSUED as to *Celia Bell, Ken Clark* with answer to complaint due within *21* days. Attorney *Greg W. Garrotto* *LAW OFFICES OF GREG W. GARROTTO* *1925 Century Park East, Suite 2000* *Los Angeles, California 90067*. (Maldonado, C)
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Filing 2
CIVIL COVER SHEET by Leroy Freeman (Garrotto, Greg)
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Filing 1
COMPLAINT against celia bell, ken clark by Leroy Freeman. Attorney Garrotto, Greg Wegner added. (Filing fee $ 402, receipt number 0972-9537522) (Garrotto, Greg)
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